4484 Federal Register / Vol. 71, No. 18 / Friday, January 27, 2006 / Rules and Regulations 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

2006–02–11 McDonnell Douglas: 

Amendment 39–14463. Docket No. 

FAA–2005–20034; Directorate Identifier 

2004–NM–178–AD. 

Effective Date 

(a) This AD becomes effective March 3, 

2006. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all McDonnell 

Douglas Model DC–10–10, DC–10–10F, DC–

10–15, DC–10–30, DC–10–30F (KC–10A and 

KDC–10), DC–10–40, DC–10–40F, MD–10–

10F, MD–10–30F, MD–11, and MD–11F 

airplanes; certificated in any category. 

Unsafe Condition 

(d) This AD was prompted by reports of 

blocked drain holes of the pitot tubes. We are 

issuing this AD to prevent blocked drain 

holes of the pitot tubes, which could result 

in the accumulation of water in the pitotstatic system and consequent failure of that 

system. Failure of the pitot-static system 

could result in erroneous airspeed 

indications in the cockpit and consequent 

loss of airspeed control. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Repetitive Inspections 

(f) Within 90 days after the effective date 

of this AD, do a detailed inspection for 

accumulation of debris (blockage) in the 

drain holes of the pitot tubes in accordance 

with paragraph (g) of this AD. Repeat the 

inspection thereafter at intervals not to 

exceed 1,000 flight hours. 

Note 1: For the purposes of this AD, a 

detailed inspection is ‘‘an intensive 

examination of a specific item, installation, 

or assembly to detect damage, failure, or 

irregularity. Available lighting is normally 

supplemented with a direct source of good 

lighting at an intensity deemed appropriate. 

Inspection aids such as mirrors magnifying 

lenses, etc. may be necessary. Surface 

cleaning and elaborate procedures may be 

required.’’

Visual Check 

(g) Do a visual check in accordance with 

paragraphs (g)(1) through (g)(3) of this AD. 

The visual check must be done by 

certificated maintenance personnel. 

(1) Make certain that the pitot heat is off 

and the pitot tubes are not hot. 

Note 2: Caution. Exercise care in checking 

pitot tubes to prevent severe burns to your 

hands. 

(2) Attempt to look through the left and 

right drain holes of each pitot tube. 

(3) Make sure that ambient light (or 

flashlight) is visible through both drain holes 

of each pitot tube. 

Corrective Action 

(h) If any evidence of drain hole blockage 

is found during any inspection required by 

paragraph (f) or (g) of this AD, before further 

flight, clean the hole in accordance with a 

method approved by the Manager, Los 

Angeles Aircraft Certification Office (ACO), 

FAA. Chapter 34–11–02 of the Boeing DC–10 

or MD–10 Airplane Maintenance Manual is 

one approved method for Model DC–10–10, 

DC–10–10F, DC–10–15, DC–10–30, DC–10–

30F (KC–10A and KDC–10), DC–10–40, DC–

10–40F, MD–10–10F, and MD–10–30F 

airplanes; as applicable. Chapter 34–11–01 of 

the applicable Boeing MD–11 Airplane 

Maintenance Manual is one approved 

method for Model MD–11 and MD–11F 

airplanes. 

Alternative Methods of Compliance 

(AMOCs) 

(i)(1) The Manager, Los Angeles ACO, 

FAA, has the authority to approve AMOCs 

for this AD, if requested in accordance with 

the procedures found in 14 CFR 39.19. 

(2) Before using any AMOC approved in 

accordance with § 39.19 on any airplane to 

which the AMOC applies, notify the 

appropriate principal inspector in the FAA 

Flight Standards Certificate Holding District 

Office. 

Material Incorporated by Reference 

(j) None. 

Issued in Renton, Washington, on January 

19, 2006. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 06–734 Filed 1–26–06; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–23703; Directorate 

Identifier 2005–NM–052–AD; Amendment 

39–14465; AD 2006–03–01] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 airplanes. 

This AD requires, when certain 

SmartProbes are installed, revising the 

Limitations section of the airplane flight 

manual to limit the maximum take-off 

weight of the airplane and increase the 

reference speed during certain landing 

conditions. This AD results from reports 

of variable calibration values of certain 

sensors of the SmartProbes, which could 

result in the transmission of erroneous 

information to the air data system. We 

are issuing this AD to prevent reduced 

controllability of the airplane. 

DATES: This AD becomes effective 

February 13, 2006. 

We must receive comments on this 

AD by March 28, 2006. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

AD. 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street SW., Nassif Building, 

Room PL–401, Washington, DC 20590. 

• Fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Contact Empresa Brasileira de 

Aeronautica S.A. (EMBRAER), P.O. Box 

343—CEP 12.225, Sao Jose dos 

Campos—SP, Brazil, for service 

information identified in this AD. 

FOR FURTHER INFORMATION CONTACT: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–1175; 

fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The Departmento de Aviacao Civil 

(DAC), which is the airworthiness 

authority for Brazil, notified us that an 

unsafe condition may exist on all 

EMBRAER Model ERJ 170 airplanes. 

Certain Air Data SmartProbes that may 

be installed on these airplanes have 

been reported to be contaminated. A 


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Federal Register / Vol. 71, No. 18 / Friday, January 27, 2006 / Rules and Regulations 4485 

SmartProbe contains four absolute 

pressure sensors and one differential 

pressure (dP) sensor. These five sensors 

provide the basic input used by the 

SmartProbe to calculate certain 

pressure-based data used by the 

airplane. Operators have reported shifts 

in the calibrated values of these dP 

sensors. These shifts have been 

attributed to contamination during the 

manufacturing process. Contaminated 

SmartProbes, if not detected and 

removed, could affect the correct 

operation of several airplane systems 

including the flight control system, and 

result in reduced controllability of the 

airplane. 

The DAC issued corresponding 

Brazilian airworthiness directive 2005–

02–01, dated March 3, 2005, to ensure 

the continued airworthiness of these 

airplanes in Brazil. 

FAA’s Determination and Requirements 

of This AD 

This airplane model is manufactured 

in Brazil and is type certificated for 

operation in the United States under the 

provisions of section 21.29 of the 

Federal Aviation Regulations (14 CFR 

21.29) and the applicable bilateral 

airworthiness agreement. Pursuant to 

this bilateral airworthiness agreement, 

the DAC has kept the FAA informed of 

the situation described above. We have 

examined the DAC’s findings, evaluated 

all pertinent information, and 

determined that we need to issue an AD 

for products of this type design that are 

certificated for operation in the United 

States. 

Therefore, we are issuing this AD to 

prevent reduced controllability of the 

airplane. This AD requires, if an affected 

SmartProbe is installed, revising the 

Limitations section of the airplane flight 

manual to limit the maximum take-off 

weight of the airplane and increase the 

reference speed during certain landing 

conditions. 

Difference Between AD and Brazilian 

Airworthiness Directive 

In addition to the AFM revision, the 

Brazilian airworthiness directive 

requires repetitive tests of certain 

affected SmartProbes. We have decided, 

however, to immediately adopt this AD 

to require only the AFM revision. We 

may later consider further rulemaking to 

supersede this AD to add a requirement 

to repetitively test the SmartProbes. We 

considered the urgency associated with 

the subject unsafe condition, the 

relatively low number of affected 

SmartProbes that currently exist, and 

logistical concerns associated with 

performing the tests within a period of 

time that corresponds to the normal 

scheduled maintenance for most 

affected operators. The planned 

compliance time to initiate the 

repetitive tests would allow enough 

time to provide notice and opportunity 

for prior public comment on the merits 

of the tests. We therefore consider this 

AD interim action. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD; therefore, providing notice and 

opportunity for public comment before 

the AD is issued is impracticable, and 

good cause exists to make this AD 

effective in less than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements that affect flight safety and 

was not preceded by notice and an 

opportunity for public comment; 

however, we invite you to submit any 

relevant written data, views, or 

arguments regarding this AD. Send your 

comments to an address listed in the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2006–23703; Directorate Identifier 

2005–NM–052–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the AD that might suggest a 

need to modify it. 

We will post all comments we 

receive, without change, to http:// 

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this AD. Using the 

search function of that Web site, anyone 

can find and read the comments in any 

of our dockets, including the name of 

the individual who sent the comment 

(or signed the comment on behalf of an 

association, business, labor union, etc.). 

You may review the DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78), or you may visit 

http://dms.dot.gov. 

Examining the Docket 

You may examine the AD docket on 

the Internet at http://dms.dot.gov, or in 

person at the Docket Management 

Facility office between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The Docket 

Management Facility office (telephone 

(800) 647–5227) is located on the plaza 

level of the Nassif Building at the DOT 

street address stated in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after the Docket 

Management System receives them. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

Section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in Subtitle VII, 

Part A, Subpart III, Section 44701, 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We have determined that this AD will 

not have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the National Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that the regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

See the ADDRESSES section for a location 

to examine the regulatory evaluation. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 


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4486 Federal Register / Vol. 71, No. 18 / Friday, January 27, 2006 / Rules and Regulations 

§ 39.13 [Amended] 

■ 2. The Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

2006–03–01 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER): 

Amendment 39–14465. Docket No. 

FAA–2006–23703; Directorate Identifier 

2005–NM–052–AD. 

Effective Date 

(a) This AD becomes effective February 13, 

2006. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all EMBRAER Model 

ERJ 170–100 LR, –100 STD, –100 SE, and 

–100 SU airplanes, certificated in any 

category. 

Unsafe Condition 

(d) This AD results from reports of variable 

calibration values of certain sensors of the 

Air Data SmartProbes, which could result in 

the transmission of erroneous information to 

the air data system. This was caused by 

contamination during the manufacturing 

process. We are issuing this AD to prevent 

reduced controllability of the airplane. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Revision of Airplane Flight Manual (AFM) 

(f) As of 30 days after the effective date of 

this AD: During any time period when any 

SmartProbe part number 2015G2H2H–4, 

2015G2H2H–4A, 2015G2H2H–5, or 

2015G2H2H–5A is installed, before further 

flight, revise the Limitations section of the 

AFM to include the following operational 

limitations (this may be done by inserting a 

copy of this AD into the AFM): 

‘‘• Reduce the calculated MTOW by 110 

kgf whenever it is defined by obstacle 

clearance on the final segment. 

• Increase the reference speed (VREF) by 1 

kt when landing with Flap 5.’’

Alternative Methods of Compliance 

(AMOCs) 

(g)(1) The Manager, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, has the authority to approve AMOCs 

for this AD, if requested in accordance with 

the procedures found in 14 CFR 39.19. 

(2) Before using any AMOC approved in 

accordance with § 39.19 on any airplane to 

which the AMOC applies, notify the 

appropriate principal inspector in the FAA 

Flight Standards Certificate Holding District 

Office. 

Related Information 

(h) Brazilian airworthiness directive 2005–

02–01, dated March 3, 2005, also addresses 

the subject of this AD. 

Issued in Renton, Washington, on January 

19, 2006. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 06–782 Filed 1–26–06; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 30476; Amdt. No. 3151] 

Standard Instrument Approach 

Procedures; Miscellaneous 

Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This amendment amends 

Standard Instrument Approach 

Procedures (SIAPs) for operations at 

certain airports. These regulatory 

actions are needed because of changes 

occurring in the National Airspace 

System, such as the commissioning of 

new navigational facilities, addition of 

new obstacles, or changes in air traffic 

requirements. These changes are 

designed to provide safe and efficient 

use of the navigable airspace and to 

promote safe flight operations under 

instrument flight rules at the affected 

airports. 

DATES: This rule is effective January 27, 

2006. The compliance date for each 

SIAP is specified in the amendatory 

provisions. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of January 27, 

2006. 

ADDRESSES: Availability of matter 

incorporated by reference in the 

amendment is as follows: 

For Examination—

1. FAA Rules Docket, FAA 

Headquarters Building, 800 

Independence Ave, SW., Washington, 

DC 20591; 

2. The FAA Regional Office of the 

region in which affected airport is 

located; or 

3. The National Flight Procedures 

Office, 6500 South MacArthur Blvd., 

Oklahoma City, OK 73169; or 

4. The National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

For Purchase—Individual SIAP 

copies may be obtained from: 

1. FAA Public Inquiry Center (APA–

200), FAA Headquarters Building, 800 

Independence Avenue, SW., 

Washington, DC 20591; or 

2. The FAA Regional Office of the 

region in which the affected airport is 

located. 

By Subscription—Copies of all SIAPs, 

mailed once every 2 weeks, are for sale 

by the Superintendent of Documents, 

U.S. Government Printing Office, 

Washington, DC 20402. 

FOR FURTHER INFORMATION CONTACT: 

Donald P. Pate, Flight Procedure 

Standards Branch (AFS–420), Flight 

Technologies and Programs Division, 

Flight Standards Service, Federal 

Aviation Administration, Mike 

Monroney Aeronautical Center, 6500 

South MacArthur Blvd. Oklahoma City, 

OK. 73169 (Mail Address: P.O. Box 

25082 Oklahoma City, OK. 73125) 

telephone: (405) 954–4164. 

SUPPLEMENTARY INFORMATION: This 

amendment to Title 14, Code of Federal 

Regulations, Part 97 (14 CFR part 97) 

amends Standard Instrument Approach 

Procedures (SIAPs). The complete 

regulatory description of each SIAP is 

contained in the appropriate FAA Form 

8260, as modified by the the National 

Flight Data Center (FDC)/Permanent 

Notice to Airmen (P–NOTAM), which is 

incorporated by reference in the 

amendment under 5 U.S.C. 552(a), 1 

CFR part 51, and § 97.20 of the Code of 

Federal Regulations. Materials 

incorporated by reference are available 

for examination or purchase as stated 

above. 

The large number of SIAPs, their 

complex nature, and the need for a 

special format make their verbatim 

publication in the Federal Register 

expensive and impractical. Further, 

airmen do not use the regulatory text of 

the SIAPs, but refer to their graphic 

depiction on charts printed by 

publishers of aeronautical materials. 

Thus, the advantages of incorporation 

by reference are realized and 

publication of the complete description 

of each SIAP contained in FAA form 

documents is unnecessary. The 

provisions of this amendment state the 

affected CFR sections, with the types 

and effective dates of the SIAPs. This 

amendment also identifies the airport, 

its location, the procedure identification 

and the amendment number. 

The Rule 

This amendment to 14 CFR part 97 is 

effective upon publication of each 


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